Scenario # 3 on Trademarks Intellectual Property Arflin from any number of hikers who will attest that Shod's shoes are not just hiking boots, but are some of the best hiking boots around. Question: Is it appropriate for Shod to disclaim the Hiking Boots component of the mark? 10. Artisan makes custom precision instruments for scientific laboratories using the trademark "Salt Flats." One day, Artisan receives a ceaseanddesist letter from Fertilizer Corp. Fertilizer has used the mark "Salt Flats" on bags of manure for decades, although it has remained an obscure mark. Fertilizer obtained a federal registration in 1991 (before Artisan began using the mark) and has kept the registration in place. Fertilizer claims it has nationwide priority in the mark and that Artisan must either license the use of the mark or stop using it. Question: Does Fertilizer have priority? 11. Feit, a sharp operator, seeks to make money from the demand for Westman sunglasses. Feit sets up a Web site that offers Westman glasses for an excellent price, along with a tenyear warranty and insurance against loss. Feit receives hundreds of orders but does not ship the buyers anything. He simply banks the money and goes on to his next venture. When Optig sues for infringement, Feit argues that he has not made the requisite use of the trademark because he did not ship any purported Westman sunglasses. Question: Has Feit made the requisite use of the mark for infringement? 12. Dylan purchases a set of Jake tires. Dylan gets several at tires over the next year, which he blames on the lousy quality of the tires. Dylan unsuccessfully seeks a refund, along with expenses, from Goodday, the owner of the Jake trademark. Dylan, who lives on a busy road, puts a billboard in his front yard reading, "Jake tires STINK!" Goodday sues Dylan for infringement of the Jake mark. Question: Has Dylan infringed the Jake mark? 13. Blue Moon is a registered mark for general restaurant services. Coors Brewing subsequently uses Blue Moon as a mark for beer, using a somewhat different design but the same words. The Blue Moon restaurant chain claims infringement. Beer is often served in restaurant they argue, so of course consumers are likely to be confused. Question: Likelihood of confusion? 14. Virgin Enterprises operates numerous businesses under the famous trade name Virgin, including an airline, large record stores, and an Internet information service. It uses the Virgin name on music recordings, computer games, books, luggage, and a variety of electronics products. It was on the verge of going into the cell phone business when it learned that a small operation had begun selling Virgin cell phones and cell phone services. Question: Infringement or winning the race